JOTHRAM AGARIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appeal is posted for hearing on I.A.No.2 for suspension of sentence and grant of bail to the appellants, however, with the consent of learned counsel for the parties, we have heard the appeal itself on merits.

(2.) Appellants would call in question the legality and validity of the impugned judgment whereby the trial Judge has convicted the appellants for committing offence under Section 458 read with Section 34 and under Section 302 read with Section 34 of the Indian Penal Code (for short 'the IPC') and have sentenced them to undergo RI for 14 years and to undergo imprisonment for life respectively for the said offences with usual default stipulations.

(3.) The appellants were sent for trial for committing murder of Trilokchand Agrawal (since deceased) during the intervening night of 29th/30th August, 2013 at about 12'O clock. As per the prosecution case, the deceased was having illicit relation with the mother of the appellant No.1 Jothram Agariya (for brevity 'A1'), therefore, A1 and his friend i.e. appellant No.2 Nandlal (for brevity 'A2') wanted to eliminate the deceased and to achieve the said common object they entered the shop- cum-house of the deceased at about 12'O Clock during the intervening night of 29th/30th August, 2013 when he was sleeping alone and they attacked him by means of knife and farsi. Mere intimation (Ex.P/3) was recorded at the instance of PW-2 Harishchandra Agrawal and immediately, thereafter, the First Information Report (FIR) (Ex.P/4) was registered having similar contents. In both the documents the assailants are not named and the report was registered against unknown persons.